OAR 715-045-0190: Civil Penalties

(1) Amendments to OAR Chapter 715 Division 045 must be implemented by the schools within 90 days after the effective date of the amendments. Failure to implement rule changes within 90 days shall subject a school to civil penalties. (2) The commission may assess a civil penalty of $500 per violation of ORS 345.010 to 345.450, or any administrative rules adopted pursuant to 345.010 to 345.450. Before imposing a civil penalty under this subsection, the commission shall consider the factors established in 345.995. (3) Each act in violation of ORS 345.010 to 345.450, or any administrative rules adopted pursuant to 345.010 to 345.450 shall constitute a separate violation. The imposition of penalties under this section shall be in addition to, and does not preclude the imposition of, any other penalties for the same act or conduct pursuant to any other provision of law. (4) Failure to pay civil penalties within 30 days of the service of a final order imposing penalties, unless stayed pending appeal by subsequent order of the Executive Director or a court of competent jurisdiction, may result in revocation of license to operate a school. (5) The commission may retain reasonable costs related to the investigation and assessment of a civil penalty from civil penalties imposed under ORS 345.995 and this section. In support of its decision to retain civil penalties, the commission shall provide an accounting of the costs incurred during its investigation and the assessment of civil penalties, including but not limited to staff time, mailing costs, and attorney fees.